I spoke with an FRB attorney before Reg E was turned over. There isn't an evergreen authority when a consumer gets the card back. It's theft/fraud when the card was stolen and re-used.
Think about it this way. If I write my PIN on my card, I have no add'l liability and if anyone in world gets hold of my card, they can use it. But if I loan my card and give my PIN to A, only A has it. Isn't that better than writing my PIN on the card? Then why should I be penalized for keeping my PIN more secretive when I didn't expect A to steal my card and use it?
Bottom line, re-secure the card and if it's stolen, it is not under the exception of 1005.2(m)2, but fraud under 1005.2(m)3.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell